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Proceeding contribution from Baroness Noakes (Conservative) in the House of Lords on Thursday, 26 January 2006. It occurred during Debate on bill and Committee proceeding on National Insurance Contributions Bill.


National Insurance Contributions Bill

moved Amendment No. 8:"Page 3, leave out lines 32 to 38." The noble Baroness said: In moving Amendment No. 8 to Clause 1, I speak also to the other amendments with which it is grouped, which would make similar provisions in relation to Clauses 2, 3 and 4. We are accustomed to regulation-making powers that are widely drawn but it is incumbent on us not to be bludgeoned into not questioning them simply because they appear with regularity. New Section 4C of the Social Security Contributions and Benefits Act 1992, which is inserted by Clause 1, creates a regulation-making power that deals with consequential changes. New Section 4C(3) states that the regulations can amend,"““any provision of any enactment (including this Act and any enactment passed or made on or after the commencement day)””." It is a classic Henry VIII power. The regulations are subject to the affirmative procedure but, as we know, that procedure falls well short of primary legislation as regards parliamentary scrutiny. Amendment No. 8 would delete subsection (3) of new Section 4C on a probing basis. I invite the Minister to say precisely why the Government need this power, in what circumstances they expect to use it and why it is appropriate to take powers to alter Acts, including those not yet in contemplation, by the minimalist parliamentary procedures that the affirmative procedure provides. I understand a belt-and-braces approach but the Government should be prepared to justify why they need a Henry VIII power. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
677 c385GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Disclosure of information Liability Incentives Employees' contributions Employers' contributions National insurance Pay Payments National insurance contributions Tax avoidance Taxation Time limits Tax yields Retrospective legislation
Legislation
National Insurance Contributions Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk